Whilst it is undoubtedly true that society has a right to lead a
peaceful and fearless life, without freeroaming criminals creating havoc in the lives of ordinary peaceloving citizens. But equally strong is the foundation of reformative theory which propounds that a
civilised society cannot be achieved only through punitive attitudes and vindictiveness; and that instead public harmony, brotherhood and mutual acceptability ought to be fostered. Thus, firsttime offenders ought to be liberally accorded a chance to repent their past and lookforward to a bright future. Failure to record disclosure statement under Section 27
of the Evidence Act, 1872 was fatal in proving recovery of the revolver. A balance between individual and
societal welfare can be struck by granting the petitioners conditional premature release, subject to their continuing good conduct. This would both ensure that liberty of the petitioners is not curtailed, nor that there is any increased threat to society.
